END USER TERMS OF USE

The software service called ‘UQ Virtual Campus Orientation’ including as updated from time to time (‘the Software’) and any related documentation made available for use in relation to the Software (if any), is provided free and on an AS IS basis, subject to the following terms (‘Terms of Use’). 

By installing or using the Software, you personally agree with The University of Queensland ABN 63 942 912 684 (‘UQ’) to these Terms of Use.  

UQ has licensed the Software from a 3rd Party Supplier who operates and maintains the Software and may host the Software, user data and content on third party servers.  In these Terms of Use, ‘3rd Party Supplier(s)’ includes all third parties who own intellectual property in the Software or licence it to UQ or who provide services to UQ in relation to the Software or your use of it.

These Terms of Use are also for the benefit of and are enforceable by each 3rd Party Supplier and may be enforced by 3rd Party Suppliers or by UQ for their benefit and you agree UQ and each 3rd Party Supplier is entitled to orders for specific performance for such purposes.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE, AND SHOULD IMMEDIATELY CEASE ALL USE OF, THE SOFTWARE AND ANY RELATED DOCUMENTATION.

UQ and its 3rd Party Suppliers may vary (including add to and amend) the Software and documentation at any time (including via Software updates) and UQ may vary these Term of Use at any time.  All such changes take effect from the time you next use the Software unless UQ notifies to the contrary.

LICENCE

Subject to your ongoing compliance with these Terms of Use, UQ grants you a royalty-free, non-exclusive, non-transferrable and revocable licence to use the Software and related documentation (if any) solely for UQ’s internal business purposes or your personal use in relation to your use of UQ premises, or your participation in UQ activities, as a staff member or student (or prospective student) of UQ or a campus visitor.  You must not use the Software for any other purpose, including any commercial purpose.

UQ and its 3rd Party Suppliers may cease providing the Software and any related documentation at any time and UQ may revoke this licence, and any related consent granted by UQ, at any time at UQ’s convenience.

Except as permitted by any law that cannot be excluded, you must not:

  • reverse engineer, decompile, disassemble or create derivative works of, the Software or related documentation or modify or distribute the Software or related documentation (if any) or incorporate any of it in any other software or documentation;
  • copy the Software, in whole or part, except where incidental to loading and executing it as permitted by this licence;
  • use the Software for any illegal purpose or to do anything illegal or use it to create, transmit, input, store or use any data, documents, images or other content that infringes another person’s intellectual property or other rights or that breaches any law or that is harassing, threatening, harmful, defamatory, obscene or offensive in any way or that UQ considers is otherwise objectionable;
  • access or use or attempt to access or use any part of the Software or underlying platform or system that the permissions on your user account do not ordinarily allow access to; or
  • assist or purport to permit another person to access or use the Software or related documentation.

All other rights are reserved by UQ.

You must not use or retain copies of the Software after logging out or closing your account or after UQ notifies you that the licence is revoked.  You must not use or attempt to access the Software, any related documentation or any user account after you terminate your user account or after your rights to access the Software are revoked.

USER ACCOUNTS

If you create or are provided with a user account for the Software you must not share your account or your password with any other person.  You must immediately notify UQ if you become aware or suspect your account or password has been accessed or used by another person.

THIRD PARTY APPLICATION AND TERMS

The Software is provided by UQ’s 3rd Party Suppliers and may also be used in connection with other third party applications.  For example, the Software may use third party applications for hosting, for user authentication or for multiplayer sessions.  UQ is not the provider of such related third party applications.  You must comply with the terms and conditions the provider of any such related third party application imposes on you, including any imposed by UQ’s 3rd Party Suppliers or posted on their websites in relation to use of the Software.

PRIVACY & CONSENTS

UQ and its 3rd Party Suppliers may collect personal information in the course of your use of the Software, related documentation, user accounts or related third party applications.  UQ manages personal information in accordance with its applicable published policies

Additionally, for the purposes of providing, maintaining (including improving and developing) and administering user accounts, the Software and related documentation, and your use of the foregoing and any third party applications, you agree UQ and its 3rd Party Suppliers may collect, store, use (including modify), transfer and disclose to third parties and related third party applications, and licence them to use, your personal information and any data, content or other information provided to or collected by UQ in connection with your use of your user account, the Software or any related third party applications.

You acknowledge and agree such third parties may include UQ staff, contractors and service providers, other students participating in multiplayer sessions and providers of related third party applications and their contractors and service providers.

RIGHTS TO CONTENT & OTHER INFORMATION

The Software, related documentation and all data, documentation and other information in user accounts and the Software are UQ’s property.  However, you retain ownership of the intellectual property rights in content you create.  You must not use your user account or the Software to create, or in connection with, content that infringes another person’s intellectual property rights.

You grant UQ and its 3rd Party Suppliers an irrevocable, perpetual, royalty free, non-exclusive licence to retain and use (including modify, extract, create derivative works from and sublicense) any intellectual property rights you have in:

  • records of your user account and your use of the Software, related documentation and related third party applications; and
  • any content (including data and other information) you may input into the Software, your user account or any third party application,

for the purposes of:

  • UQ and its 3rd Party Suppliers providing, maintaining (including improving and further developing) and administering user accounts, the Software and related documentation; and
  • your use of the foregoing and of any third party applications and
  • UQ and its 3rd Party Suppliers producing and using (including allowing others to use) anonymous aggregated data.

DISCLAIMER AND LIABILITY EXCLUSIONS AND LIMITATIONS

You acknowledge and agree that, to the full extent permitted by law:

  • use of the Software, related documentation and related third party applications is at your own risk and you must use your own independent knowledge, skill and judgment in making any use of them;
  • you must not rely on the Software (including any models or outputs used or produced by the Software), related documentation or any related third party applications, as being correct, accurate, current or free of errors or other defects;
  • neither UQ nor any of its 3rd Party Suppliers is obligated to provide the Software or documentation or any updates to you;
  • neither UQ nor any of its 3rd Party Suppliers warrants, guarantees or represents:
  • the Software (including any models, algorithms, data or outputs in or produced by the Software), related documentation or any related third party application, is correct, accurate, up to date or free of errors or other defects;
  • the Software, related documentation or any related third party applications will be provided, maintained or supported or that they will operate as intended or without causing defects or that any defects will be rectified; or
  • the Software, related documentation and related third party applications are suitable for any purpose; and
  • neither UQ, nor its personnel or any of its 3rd Party Suppliers, will be liable under any legal theory (including in contract, tort, including negligence, in equity, under statute or otherwise) to you or to any person claiming through you, for any loss, damage, cost, expense or liability of any kind whatsoever (whether direct, indirect, consequential or otherwise) that you or any other person suffers or incurs in connection with the Software, related documentation or any related third party applications or their use, whether or not it was foreseeable or the risk was known by UQ or its personnel.

In the event that UQ or any of its 3rd Party Suppliers has any liability in connection with the Software, related documentation or any related third party applications or these Terms of Use that cannot by law be excluded then, to the extent permitted by law, UQ’s and its 3rd Party Suppliers’ liability is limited (and, to the extent permitted by law, at UQ’s or its 3rd Party Suppliers’ option):

  • for goods: to replacing or repairing the goods or supplying equivalent goods or paying the cost thereof; or
  • for services: to re-supplying the services or paying the cost of having the services supplied again.

GENERAL TERMS

These Terms of Use are to be governed by and construed in accordance with the laws in force in the State of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of that State (including federal and appeal courts).  To the full extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods is excluded.  You must not assign these Terms of Use or rights under them.  If any provision of these Terms of Use is void, voidable or unenforceable it is to be read down so as to be valid and if it cannot be so read down then it is to be severed in the relevant jurisdiction (without affecting the remainder of these Terms of Use), unless this would fundamentally alter these Terms of Use or be contrary to public policy.

© February 2020.  The University of Queensland.  All rights reserved. CRICOS Provider No: 00025B.

Contact: events@bel.uq.edu.au